Central District Consumer Bankruptcy Attorney's Association

Can't have community or quasi-community property unless the party is married.
Please note our new Thousand Oaks office address below.
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
A Bankruptcy and Family Law Firm
Law Offices of Vernon L. Ellicott
325 E. Hillcrest Dr., Suite 150
Thousand Oaks, CA 91360-7799
(805) 446-6262 Phone
(661) 222-2922 Phone
(805) 446-6264 Fax
This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
A bad day on the bike is better than a good day on the golf course!

The post was migrated from Yahoo.

Saying that there is no common law marriage in California is not completely accurate. Common law marriages are recognized in California, and there is no need to reach the full faith and credit issue. It is provided for in the Family Code.

The post was migrated from Yahoo.

You guys don't think this is quasi-community property and that they are
putative spouses?
I don't know much about family law either but I would be careful of these
statutes; especially in light of the facts you've presented.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Thu, Aug 22, 2013 at 8:39 PM, Sujin Kim wrote:
> **
>
>
> A colleague has a client with an ongoing state court action and was
> wondering if bankruptcy would be beneficial at this stage. The couple is
> not married but held themselves out as being married. The purported
> husband's creditors are now trying to seize the purported wife's assets
> because they believe it is community property. Of course, there is no
> common law marriage in CA and, as such, there is no community property.
> However, the couple believed that they were married, filed taxes as being
> married, and transferred property as being married.
>
> In my opinion, it's very clear that if they're not married, the creditor
> has no right to her assets. However, I wasn't sure how the bankruptcy
> court would treat such a filing and the purported wife's assets since they
> filed their taxes as "married." I was thinking that they could amend their
> joint tax returns to file as individuals. Also, in the state court action,
> it appears that the burden of proof of the couple not being married is on
> the debtor and my colleague is at loss as to how to prove a negative.
> Getting documentation from every municipality around the world that the
> couple was never married in their jurisdiction doesn't seem feasible.
>
> Does anyone know how the bankruptcy court might treat this filing? Any
> suggestions on how to prove that a couple isn't married?
>
> Thanks in advance!
>
> Sujin
>
>
>
You guys don't think this is quasi-community property and that they are putative spouses?I don't know much about family law either but I would be careful of these statutes; especially in light of the facts you've presented.
Sincerely, Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com
818-507-6000
On Thu, Aug 22, 2013 at 8:39 PM, Sujin Kim <
A colleague has a client with an ongoing state court action and was wondering if bankruptcy would be beneficial at this stage. The couple is not married but held themselves out as being married. The pur
The post was migrated from Yahoo.

The bankruptcy court is going to apply state law as to whether they are married or not. If this is a Central District case, they are NOT married. No common law marriage in CA and good luck proving a common law marriage from another state here in CA.
Please note our new Thousand Oaks office address below.
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
A Bankruptcy and Family Law Firm
Law Offices of Vernon L. Ellicott
325 E. Hillcrest Dr., Suite 150
Thousand Oaks, CA 91360-7799
(805) 446-6262 Phone
(661) 222-2922 Phone
(805) 446-6264 Fax
This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
A bad day on the bike is better than a good day on the golf course!

The post was migrated from Yahoo.

I am not a family lawyer, ... but many states (and countries around the
world) do have common law marriage. I wonder if the full faith and credit
provisions of the Constitution would permit/require California to recognize
a marriage if it came into effect under the common law of another
jurisdiction?
*Link Schrader, Attorney*
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
Fax: (310) 878-4158; www.schrader-law.com

The post was migrated from Yahoo.

________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Thursday, August 22, 2013 8:39 PM
Subject: Common Law Spouse's Assets?
A colleague has a client with an ongoing state court action and was wondering if bankruptcy would be beneficial at this stage. The couple is not married but held themselves out as being married. The purported husband's creditors are now trying to seize the purported wife's assets because they believe it is community property. Of course, there is no common law marriage in CA and, as such, there is no community property. However, the couple believed that they were married, filed taxes as being married, and transferred property as being married.
In my opinion, it's very clear that if they're not married, the creditor has no right to her assets. However, I wasn't sure how the bankruptcy court would treat such a filing and the
purported wife's assets since they filed their taxes as "married." I was thinking that they could amend their joint tax returns to file as individuals. Also, in the state court action, it appears that the burden of proof of the couple not being married is on the debtor and my colleague is at loss as to how to prove a negative. Getting documentation from every municipality around the world that the couple was never married in their jurisdiction doesn't seem feasible.
Does anyone know how the bankruptcy court might treat this filing? Any suggestions on how to prove that a couple isn't married?
Thanks in advance!
Sujin

The post was migrated from Yahoo.

A colleague has a client with an ongoing state court action and was wondering if bankruptcy would be beneficial at this stage. The couple is not married but held themselves out as being married. The purported husband's creditors are now trying to seize the purported wife's assets because they believe it is community property. Of course, there is no common law marriage in CA and, as such, there is no community property. However, the couple believed that they were married, filed taxes as being married, and transferred property as being married.
In my opinion, it's very clear that if they're not married, the creditor has no right to her assets. However, I wasn't sure how the bankruptcy court would treat such a filing and the
purported wife's assets since they filed their taxes as "married." I was thinking that they could amend their joint tax returns to file as individuals. Also, in the state court action, it appears that the burden of proof of the couple not being married is on the debtor and my colleague is at loss as to how to prove a negative. Getting documentation from every municipality around the world that the couple was never married in their jurisdiction doesn't seem feasible.
Does anyone know how the bankruptcy court might treat this filing? Any suggestions on how to prove that a couple isn't married?
Thanks in advance!
Sujin

The post was migrated from Yahoo.